Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1887-09-09

4
District Of Idaho Territory, in and for
the county of Boise. In Chambers.
The people of the United States in
Idaho Territory on relation Of John
German, plaintiffs, VS.. q. 9. Havird,
defendant.
This cause having beer commenced
under the provisions of an Act Of the
Territorial Assembly Of Idaho Terri
tory, approved January 80, 1885, en-
titled "An act to amend chapter thir-
ty-6ve Of the Code of Civil Proceed
ure, being sections 534 to 542 inclu-
sive, came on regularly for trial be-
fore the Hon. Case Broderick, Judge
of sald District Court, At his Cham
bers in Idaho City, Boise county, Ida
ho Territory, on the 10Th day Of Au-
gust, 1887. Hon. Richard 2. John
son and Hon. George Ainslie appear
ed as counsel for the plaintiff, and G.
S. Kingsley, Esq, and Huston &
Gray appeared for the defendant;
and the Court having heard the proofs
Of the respective parties in the cause,
and the arguments Of the respective
attorneys thereon, and taken the case
under advisement, tC be determined
in vacation, now finds therefrom the
following facts:
/. John German, the relator, and
G. 9. Havird, the defendant, were the
only candidates for Sheriff in Boise
county, /. T., at the regular biennial
election held therein on the I'd day Of
November, 1886.
II. That upon canvass OF the
votes cast in said Boise county, at
said election, by the Board Of Com
missioners of said county acting as a
Board of Canvassers, the said defen-
dant, G. G. Havird, was declared du-
ly elected to the office of Sheriff OF
BOISE county, and certificate OF
such election was duly issued to him
t by SAID Board.
III. That at said election the re-
lator, John German, received 348 le.
! gal votes for the said Office of Sheriff,
and the defendant, G. G. Havird, re-
E ceived $40 legal votes for said office
Nv. That at said election the saic
n defendant, G. G. Havird, received the
y highest number of legal votes cas-
, thereat for the said Office of Sheriff o
!. Boise county.
V. That at Moore's Creek elec
q ton precinct, in said county of Boise
at said election, one Wodish ant
one - Wodish voted for the de
IS fendant, G. 9. Havird, for the offic
e of Sheriff of Boise county. Tha
d neither of said persons so voting wer
If residents of or legal voters for sal
t Office of Sheriff in said Boise count
;s at the date of said election.
|. vi. That at Idaho City electlo
# precinct at said election, the relate
10 John German received ninety 81
# (96) votes for the said Office of SheI
o if, and the defendant, G. G. Havirt
Re received ninety (90) legal votes fo
10 said office. That at said Idaho Cit
,e election precinct, at said election
ia one David Williams voted for the de-
j, fendant, g. G. Havird, for the said o
i, fee of Sheriff of Boise county, an
"a one J. NJ. Williams voted for the re
u, lator, John German, tor said Office
that neither said David Williams NJ
!. said j. M. Williams were on the da'
=. of said election residents of or leg
bo voters for said Office of Sheriff in sa
I'd Boise county. No other illegal vot
~ were cast or counted at said precint
IT. VII. That at Lower Squaw Cree
a election precinct, in said county,
re said election, two votes we're given
.ts cast for said relator, John Gorma
Or for said Office of Sheriff of Boise cou
be ty, which votes SO given were not
,o- the canvassers of said votes, or by t
said Board of Commissioners actil
as Board Of Canvassers, given
,at counted to or for said relstor, nor
rn- the defendant.
ter VIII. That no illegal votes We
,et cast at Pioneer election precinct,
md said county, at said election, for Ell
or the relator or the defendant.
TX. That at Lower Squaw Gre
election precinct, in said county,
1t said election, S. H. Walker, Fra
Monroe and Jerry Goodsell each
the ed for the relator, John German,
the Office of Sheriff of Boise coun
we that neither said S. H. Walker, FIR,
,en- Monroe or Jerry Goodsell were
~ L. of sa;d alaofion residentS